LORETO D. DE LA VICTORIA vs. HON. JOSE P. BURGOS Facts: A complaint was fled against Assistant City Fiscals Bienvenido N. Mabanto, Jr., and Dario D. Rama, Jr., and a fnal !dgment "ad been rendered and "ad become fnal and e#ec!tory. A notice o$ garnis"ment was served on petitioner as City Fiscal w"ere de$endant Mabanto, Jr., was t"en detailed. %"e notice directed petitioner not to disb!rse, trans$er, release release or convey to any ot"er person e#cept to t"e dep!ty s"eri& concerned concerned t"e salary c"ec's or ot"er c"ec's, monies, or cas" d!e or belonging to Mabanto, Jr., !nder penalty o$ law. (etitioner was t"en directed to s!bmit "is report s"owing t"e amo!nt o$ t"e garnis"ed salaries o$ Mabanto, Jr. )owever, $ailed to do soand instead, moved to *!as" t"e notice o$ garnis"ment claiming t"at "e was not in possession possession o$ any money, $!nds, credit, property property or anyt"ing o$ val!e belonging to Mabanto, Jr., e#cept "is salary and RA%A c"ec's, b!t t"at said c"ec's were not yet properties o$ Mabanto, Jr., !ntil delivered to "im. )e $!rt"er claimed t"at, as s!c", t"ey were still p!blic $!nds w"ic" co!ld not be s!bect to garnis"ment. %"e trial co!rt "eld t"at t"e c"ec's "ad already been released t"ro!g" petitioner by t"e Department o$ J!stice d!ly signed by t"e o+cer concerned. Additionally, t"ere was no s!+cient reason $or petitioner to "old t"e c"ec's beca!se t"ey were no longer government $!nds and pres!mably delivered to t"e payee, con$ormably wit" t"e last sentence o$ ec. - o$ t"e Negotiable /nstr!ments 0aw. (etitioner avers t"at t"e salary c"ec's were not owned by Mabanto, Jr., beca!se t"ey were not yet delivered to "im, and t"at petitioner as garnis"ee garnis"ee "as no legal obligation to "old and deliver t"em to t"e trial co!rt to be applied to Mabanto, Jr.1s !dgment debt. %"e t"esis o$ petitioner is t"at t"e salary c"ec's still $ormed part o$ p!blic $!nds and t"ere$ore beyond t"e reac" o$ garnis"ment proceedings. Issue: 2"et"er or not a c"ec' still in t"e "ands o$ t"e ma'er or its d!ly a!t"ori3ed representative is owned by t"e payee be$ore p"ysical delivery to t"e latter. Held: No, a c"ec' t"at is still in t"e "ands o$ t"e ma'er or its d!ly a!t"ori3ed representative is not owned by payee !nless delivered. As Assistant City Fiscal, t"e so!rce o$ t"e salary o$ Mabanto, Jr., is p!blic $!nds. )e receives "is compensation in t"e $orm o$ c"ec's $rom t"e Department o$ J!stice t"ro!g" petitioner as City Fiscal o$ Manda!e City and "ead o$ o+ce. 4nder ec. - o$ t"e Negotiable /nstr!ments 0aw, every contract on a negotiable instr!ment is incomplete and revocable !ntil delivery o$ t"e instr!ment $or t"e p!rpose o$ giving e&ect t"ereto. As ordinarily !nderstood, !nderstood, delivery means t"e trans$er o$ t"e possession o$ t"e instr!ment by t"e ma'er or drawer wit" intent to trans$er title to t"e payee and recogni3e "im as t"e "older t"ereo$. According to ec. - o$ t"e Negotiable /nstr!ments 0aw w"ic" states5 6And w"ere t"e instr!ment is no longer in t"e possession o$ a party w"ose signat!re appears t"ereon, a valid and intentional delivery by "im is pres!med.6 7et, 7et, t"e pres!mption pres!mption is not not concl!sive beca!se beca!se t"e last last portion o$ t"e provision provision says
6!ntil t"e contrary is proved.6 (roo$ to t"e contrary is its own fnding t"at t"e c"ec's were in t"e c!stody o$ petitioner. /nasm!c" as said c"ec's "ad not yet been delivered to Mabanto, Jr., t"ey did not belong to "im and still "ad t"e c"aracter o$ p!blic $!nds. %"e salary c"ec' o$ a government o+cer or employee s!c" as a teac"er does not belong to "im be$ore it is p"ysically delivered to "im. 4ntil t"at time t"e c"ec' belongs to t"e government. Accordingly, be$ore t"ere is act!al delivery o$ t"e c"ec', t"e payee "as no power over it8 "e cannot assign it wit"o!t t"e consent o$ t"e 9overnment. As a necessary conse*!ence o$ being p!blic $!nd, t"e c"ec's may not be garnis"ed to satis$y t"e !dgment as t"e $!nctions and p!blic services rendered by t"e tate cannot be allowed to be paraly3ed or disr!pted by t"e diversion o$ p!blic $!nds $rom t"eir legitimate and specifc obects, as appropriated by law.